2001•Journal of Zhejiang University(Humanities and Social Sciences)Requires access

A New Description of Definition of Crime

Zhou Zheng

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Abstract

The traditional definition of is: A crime is the behavior which is harmful to the society in certain and in violati on of the Criminal Law and should be punished with criminal In the aut hor's opinion: (1) Should be punished with criminal penalty is not appropriate to stand as one of the essential characteristics of a crime; (2) Harmful to th e society in certain level is too elastic and too indefinite; it is a criterion set by the legislator when the law was made, however, and the general public an d the judges can only follow the provisions of the Criminal Law; (3) The only te st for whether a behavior constitutes a crime is whether it has violated the Cri minal Law. This author's proposal for the new definition of a crime is: A crime is a behavior within the definition of the provisions of the Criminal Law and s hould be subject to criminal penalty.

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What this paper is about

The traditional definition of is: A crime is the behavior which is harmful to the society in certain and in violati on of the Criminal Law and should be punished with criminal In the aut hor's opinion: (1) Should be punished with criminal penalty is not appropriate to stand as one of the essential characteristics of a crime; (2) Harmful to th e society in certain level is too elastic and too indefinite; it is a criterion set by the legislator when the law was made, however, and the general public an d the judges can only follow the provisions of the Criminal Law; (3) The only te st for whether a behavior constitutes a crime is whether it has violated the Cri minal Law. This author's proposal for the new definition of a crime is: A crime is a behavior within the definition of the provisions of the Criminal Law and s hould be subject to criminal penalty.

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Available abstract

The traditional definition of is: A crime is the behavior which is harmful to the society in certain and in violati on of the Criminal Law and should be punished with criminal In the aut hor's opinion: (1) Should be punished with criminal penalty is not appropriate to stand as one of the essential characteristics of a crime; (2) Harmful to th e society in certain level is too elastic and too indefinite; it is a criterion set by the legislator when the law was made, however, and the general public an d the judges can only follow the provisions of the Criminal Law; (3) The only te st for whether a behavior constitutes a crime is whether it has violated the Cri minal Law. This author's proposal for the new definition of a crime is: A crime is a behavior within the definition of the provisions of the Criminal Law and s hould be subject to criminal penalty.

Key concepts: Criminal law, Legislator, Law, Political science, Set (abstract data type), Subject (documents), Criminology, Sociology

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